DGAA bLAWg

What Happens if You Fail a Field Sobriety Test, and What Happens if You Refuse

Web Admin - Tuesday, October 07, 2014

Illinois breathalyzer fail, Barrington DUI lawyerThe State of Illinois considers drunk driving to be a serious crime, and imposes high penalties for people found guilty of it. Often, drunk drivers are caught during a traffic stop after taking a breathalyzer test or failing a field sobriety test. Field sobriety tests are a battery of heuristic, qualitative examinations, like requiring the driver to stand on one foot for a certain period of time or to walk heel to toe.

However, drivers are not required to take these field sobriety tests because they qualify as a search under the Fourth Amendment. Additionally, these sorts of tests are not covered by Illinois' implied consent law. The implied consent law states that operating a motor vehicle is a privilege, not a right, and that by driving, a person consents to have his or her breath, blood, or urine tested for alcohol. This means that, while there are penalties for refusing one of those tests, those penalties do not apply to field sobriety tests. There is one exception to this rule, however. If a person has been issued a registry card for the state's new medical marijuana program, then the implied consent law does extend to field sobriety tests.

Penalties for Failure

Courts often view failing a field sobriety test as evidence that a person was driving under the influence. This evidence can often be strengthened by the police taking a chemical test. If either test proves to the court's satisfaction that the driver's blood alcohol content (BAC) exceeded 0.08 percent, then that person triggers the DUI penalties in Illinois. A first offense comes with a maximum fine of $2,500 along with a potential jail sentence of up to one year. Additionally, a first offender's license may be suspended for a minimum of six months.

These penalties increase for repeat offenders, with the license suspension going up to a five-year minimum for a second offense. A third DUI triggers a 10-year suspension and a prison sentence of between three and seven years. Additionally, every DUI offense comes with the penalty of having an ignition interlock device installed in the offender's car, which functions as a breathalyzer test to turn the car on.

Penalties for Refusal

Refusing to take the field sobriety tests does not trigger any penalties, unless the driver has been issued a medical marijuana registry card. However, there are penalties for refusing to take a chemical test. These penalties start at a one-year summary suspension of a person's driver's license. Additionally, if a person has previously had a suspension or a DUI conviction in the past year, then the penalty increases up to a three-year suspension.

DUI charges are a serious sanction in Illinois that can have long-lasting consequences. If you have recently been charged, seek help from an experienced Illinois criminal defense attorney. Our firm defends the rights of clients across the northwest suburbs, including in Barrington, Rolling Meadows, and Des Plaines.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

Food and Drug Administration's Food Safety Modernization Act appealing an insurance claim Buffalo Grove car accident lawyer Federal Food Drug and Cosmetic Act Policy Cancellation senior citizens caregiver DMV no contest clauses surgical mistakes Deer Park motorcycle accident lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Schaumburg elder law lawyer employees capital gains tax real estate Crystal Lake criminal defense attorney Illinois estate planning law firm Illinois law School Visitation Rights Act Buffalo Grove criminal defense lawyer traumatic brain injuries health insurance dispute slip and fall Schaumburg construction accident lawyer Palatine punch death Illinois employment law Home Sale Contingencies license reinstatement Illinois personal injury attorney Crystal Lake traffic lawyer revenge porn medical research Schaumburg personal injury lawyers estate planning lawyer consent to a search IRA benefits employment law, Illinois employment laws living wills Palatine trusts lawyer Affordable Care Act probate fees insurance claim workers comp Illinois rollover accident lawyers ken apicella Long Grove real estate attorney privacy laws spinal cord injuries dog bites Schaumburg Palatine elder law attorney insurance claims employment law internet Arlington Heights estate planning attorney ObamaCare Rolling Meadows Traffic Lawyer car collision swimming pools Colin H. Gilbert Crystal Lake will lawyer golf accidents Illinois employment law firm Illinois insurance dispute lawyers landlord tenant law Thanksgiving independent contractor Rolling Meadows traffic law firm Illinois insurance claim dispute lawyer estate planning Arlington Heights personal injury lawyer condo holiday statistics Chicago insurance claim attorneys Illinois Smoke Detector Act Palatine estate planning lawyer Chicago car accident lawyer Illinois wills and trusts attorneys unfunded trust Barrington Illinois estate planning lawyer Illinois car accident attorney Illinois business lawyer Crystal Lake employment law attorney dynasty trusts personal injury attorney Illinois Wage Payment and Collection Act Illinois workers compensation attorney Barrington personal injury attorney Mt Prospect Attorney elder abuse expungement car accidents insurance denial appeals Illinois employment attorneys criminal record Barrington medical malpractice lawyers Crystal Lake personal injury attorney estate planning for college students Illinois employment law attorney caretaker rights BUI Illinois elder law attorney Illinois wrongful termination lawyer Barrington employment attorney bicycle accidents vacation home fines residential real estate FSLA South Barrington real estate lawyer Rolling Meadows insurance dispute lawyers, insurance dispute Illinois insurance claim dispute lawyers Rolling Meadows car accident lawyers slip and fall accidents small business Inverness probate lawyer digital evidence Arlington Heights criminal lawyer Buffalo Grove corporate attorney liability claims bike accident overtime pay Barrington workers compensation attorney pizza emoji Des Plaines civil attorney natural gas privacy product liability food poisoning Rolling Meadows insurance attorney Inverness injury lawyer Chicago employment lawyer real estate closing Des Plaines collections attorney Illinois insurance disputes pet bites gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Schaumburg employment law attorneys employee misclassification Arlington Heights wills and trusts attorneys defective products lawyer Des Plaines criminal attorney Palatine traffic lawyer Illinois living will TBI insurance negligence Arlington Heights lawyer Inverness insurance attorney reckless homicide commercial leases Rolling Meadows criminal lawyer unauthorized overtime Palatine personal injury lawyer anesthesia errors operating agreements estate plan trustee fiduciary rule delay Illinois business law atorneys bad faith insurance claims medical marijuana DNR home inspection lawyer car crashes Palatine employment attorney Deer Park criminal attorney power of attorney for healthcare Crystal Lake medical malpractice attorneys Employment Discrimination Law Palatine drug lawyer Arlington Heights wills and trusts attorney murder charges Illinois boating accident lawyer Chicago traffic lawyer Self-Directed IRA Accounts institutional trustee rollover car crashes deed transfer preventing accidents Illinois probate lawyer comp time Illinois home inspection child safety Illinois Deer Park employment law attorney wills Chicago will attorney Palatine corporate law attorneys Arlington Heights accident attorney hit and run accident Chicago employment attorney Buffalo Grove injury lawyer LLCs IRELA Illinois workplace lawyer Crystal Lake pet attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Illinois collections attorney Illinois registered agent Des Plaines personal injury attorney Illinois speeding lawyer car accident lawyers homestead rights Crystal Lake car accident lawyer Illinois mortgages employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Chicago estate planning drug crimes lawyer driving first degree murder Schaumburg Attorney Buffalo Grove probate lawyer Illinois will lawyer Arlington Heights medical malpractice lawyer Palatine law firm Whistleblower Claims boating DUI Rolling Meadows medical malpractice lawyers Schaumburg personal injury lawyer marijuana Schaumburg criminal attorney Crystal Lake business law attorneys guardianship attorney personal injury law firm Transfer on Death Instrument Des Plaines personal injury lawyer insurance dispute attorney Des Plaines insurance attorney CAM medical malpractice claims Illinois medical malpractice case FMLA foreclosed rental property contracts condo association mortgage Barrington estate planning lawyer sexual images Illinois bicycle safety construction accidents rumble strips living trust vs will Exclusions drug crime estate planning trusts Crystal Lake law firm personal injury lawyer Schaumburg probate attorney insurance claim dispute insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Colin Gilbert Rolling Meadows personal injury lawyers Mount Prospect elder law attorney Crystal lake insurance dispute attorney Arlington Heights real estate lawyer Des Plaines traffic offenses real estate zoning texting and driving cell phone accidents Schaumburg drug defense lawyer Des Plaines Traffic Lawyer Inverness civil lawyer Illinois wills and trusts Schaumburg medical malpractice lawyer jet ski accidents Deer Park personal injury lawyer Illinois real estate lawyer employment contract suspended license insurance claim delay Palatine corporate attorney Crystal Lake civil litigation lawyer Buffalo Grove personal injury lawyer disability benefits traffic violations defense DUI penalities Kenilworth estate planning attorneys Riverwoods estate planning lawyer corporate law probate lawyer POA Illinois driving without license Des Plaines medical malpractice attorney Illinois Probate Act of 1975 Illinois traffic attorneys comparative negligence irrevocable trust financial advisors probate claims Illinois lawyer denied insurance claims pedestrian accidents car crash injuries Chicago biking tips Inverness traffic law firm Inverness personal injury attorney Rolling Meadows estate planning attorney loopholes rest breaks Buffalo Grove insurance claim dispute lawyers Illinois insurance claims lawyers estate attorney traffic violations breach of contract Jay Andrew forming a corporation in Illinois Illinois insurance claim attorney Buffalo Grove law firm personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Deer Park accident attorney whistleblower protections Palatine construction attorney Buffalo Grove real estate attorney Barrington employment law attorney federal regulations for LLCs Kenilworth estate planning lawyer DUI attorney Deer Park real estate law firm Arlington Heights wills and trusts lawyer estate planning attorney Rolling Meadows business lawyer in terrorem provision Inverness real estate attorney Barrington boating accident attorney head on collisions insurance attorney accidental death benefits Buffalo Grove medical malpractice lawyers Palatine criminal defense lawyer insurance claim denials preventable medical errors controlled substance Illinois Sales Representative Act wills and trusts Detainer Actions license revocation Crystal Lake car accident attorney Retaliatory Discharge Rolling Meadows personal injury lawyer Crystal Lake insurance lawyer Illinois traffic attorney Des Plaines DUI attorney wage theft real estate leasing Rolling Meadows Attorney Schaumburg criminal law attorney Illinois LLC creation Liquor Control Act boating accidents insurance agent negligence Rolling Meadows personal injury attorney Legal Info Rolling Meadows corporate lawyer Chicago estate planning lawyer Rolling Meadows traffic attorney traffic deaths right to work manufacturing llinois Real Estate Lawyers Association DUI defense Des Plaines tax law firm federal crimes Chicago will attorney, social media platforms, Illinois estate planning lawyer, spinal cord injury Barrington estate planning attorney back injuries Des Plaines personal injury lawyers Schaumburg civil litigation attorney civil litigation license Illinois corporate lawyer problem employees denial of life insurance healthcare claims pain and suffering Barrington Traffic Lawyer compensatory time subcontractor criminal defense Do Not Resuscitate Rolling Meadows medication errors Deer Park workers compensation lawyer Des Plaines real estate lawyer Attorney Ken Apicella Illinois Workers’ Compensation Commission Inverness corporate attorney traffic crimes Chicago trucking accident attorney trusts truck collisions drugs Rolling Meadows employment law attorneys Illinois traffic laws traffic tickets workers compensation fiduciary rule Palatine employment law lawyer installment contracts hands free device owner responsibility digital information medical malpractice compensation Illinois workers compensation lawyer Illinois traffic ticket lawyer cell phone tower data crossover accidents involuntary manslaughter Arlington Heights Attorney drug possession loss of consortium hiring employees Inverness real estate lawyer Rolling Meadows tax attorney filing a medical malpractice claim changes to mortgage law Deer Park traffic lawyer minimum wage motorcycle accident Rolling Meadows probate lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers DGAA Des Plaines real estate attorney Long Grove estate planning attorney Illinois employment laws traffic accidents Barrington criminal lawyer underage DUI Arlington Heights employment law attorneys Schaumburg corporate attorney deadly crashes personal injury accidents Des Plaines drug crimes lawyer Illinois Human Rights Act estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, drunk driving statistics Rolling Meadows accident lawyer Schaumburg estate planning lawyer Schaumburg traffic lawyer automated cars Chicago insurance law firm liens blended families South Barrington real estate attorney jet ski insurance adjusters Long Grove wills and trusts attorneys Deer Park DUI lawyer unpaid overtime wrongful death healthcare life insurance policy mass shooting Schaumburg wrongful death attorney dram shop law Rolling Meadows litigation lawyer pedestrian-automobile accident Arlington Heights Traffic Lawyer dealing with problem employees probate process Inverness accident lawyer speeding Illinois construction accident attorney probate Crystal Lake personal injury lawyer liability Mount Prospect wills and trusts lawyers Arlington Heights pedestrian accidents pay when paid contract foreclosure IRS blood alcohol content Inverness estate planning lawyer Illinois attorney real estate contract Des Plaines motorcycle accident attorney workplace sexual harassment Long Grove estate planning Long Grove estate planning attorneys Barrington injury attorney life insurance claims work unions trench injuries Rolling Meadows drug defense attorney Illinois medical malpractice lawyers fault based insurance insurance denials pedestrian accident Palatine real estate lawyer denied insurance claim insurance claim denial Illinois estate planning Illinois pet lawyer field sobriety test marijuana crimes attorney Palatine business attorney Arlington Heights personal injury attorney Illinois medical malpractice claim workers compensation benefits Long Grove real estate lawyer fatal car accidents investment property Rolling Meadows insurance lawyer BAC rollover accidents Illinois defective products attorney meal breaks Chicago attorney employment lawyer overtime violations murder defense Deer Park traffic accident attorney Illinois personal injury lawyers IRA trust transfer pregnant women Illinois trusts attorney Rolling Meadows employment attorney Palatine probate lawyer Chicago lawyer cell phone Palatine traffic accidents Barrington civil litigation attorney attorney fees insurance dispute defective products Barrington personal injury lawyer GM ignition switches estate tax Palatine injury attorney Illinois medical malpractice attorney Arlington Heights car crash attorneys living trust Illinois criminal defense attorney icy parking lots Des Plaines injury law firm Rolling Meadows boating crash lawyer distracted driving accidents tax attorney Kenilworth estate planning attorney college kids Illinois red light cameras unpaid assessment new real estate form underinsured motorist Arlington Heights car accident lawyer Class A misdemeanor special needs trust taxes Arlington Heights TBI attorney Rolling Meadows criminal attorney products liability business litigation real estate lawyer auto accidents Mount Prospect real estate lawyer Arlington Heights insurance attorney advance healthcare directive commercial real estate traumatic brain injury paid sick leave Schaumburg personal injury attorney Crystal Lake estate planning lawyer Arlington Heights wills and trusts lawyers Illinois tax attorney landlord Barrington business law firm pet law Landlord Tenant Ordinance texting while driving Inverness elder law lawyer real estate attorneys murder Des Plaines drug lawyer Home Remodeling Repair Act life insurance commercial leasing Illinois trucking safety Family Medical Leave Act Illinois employment law attorneys Illinois DUI attorney eluding a police officer employee rights power of attorney Joliet general practice lawyers Crystal Lake medical malpractice law firm Crystal Lake medical malpractice lawyer Illinois pedestrian accident attorney Illinois civil litigation lawyer Crystal Lake tax lawyer insurance agents digital assets motorcycle accident lawyer employee discrimination income distribution deducation Schaumburg insurance lawyers ACA Schaumburg real estate lawyer Illinois personal injury lawyer Schaumburg car accident attorney Illinois motorcycle accident lawyer severance agreements Illinois insurance attorney Chicago corporate attorney agent drunk driving breathalyzer test personal injury claims trust payments car accident lawyer personal injury Fair Labor Standards Act Illinois personal injury Illinois estate planning attorney Rolling Meadows employment law attorney social media after death Palatine civil attorney uninsured motorist employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, low-ball insurance settlement employment attorney Des Plaines claims law firm Buffalo Grove employment lawyer gift taxes clemency premises liability Des Plaines pet law attorney Rolling Meadows insurance dispute lawyers Super Mario creditors Palatine workers compensation lawyer car crash elder law insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys construction contracts underfunded trust boating under the influence nursing home negligence Barrington criminal defense lawyer Schaumburg employment attorney Illinois employment lawyer Schaumburg estate planning attorney civil litigation attorney Rolling Meadows marijuana attorney car accident Illinois real estate Illinois insurance lawyer Crystal Lake injury attorney life insurance lawyer trauma after an accident Inverness DUI lawyer civil rights violation estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers traffic laws criminal Schaumburg estate attorney Palatine civil litigation lawyer Illinois small business Deer Park medical malpractice attorney Palatine employment lawyer drug crimes living trust benefits Illinois injury lawyer pedestrian injuries, pedestrian fatality distracted driving accident victims Fourth of July sole proprietorship wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace personal injury claim probate claims process Rolling Meadows real estate attorney Illinois Transfer on Death Instrument brain injury Barrington attorney Arlington Heights trucking lawyer Crystal Lake traffic attorney Arlington Heights injury attorney Des Plaines accident attorney wrongful termination real estate attorney Illinois job attorney trucking accident lawyers license suspension Arlington Heights employment attorney Illinois employee rights attorney. Buffalo Grove personal injury attorney Illinois traffic accident lawyer Schaumburg injury lawyer Buffalo Grove traffic attorney PTSD Barrington real estate lawyer medical malpractice natural gas explosion Crystal Lake employment lawyer Arlington Heights traffic attorney Illinois jet ski accident lawyer insurance disputes Crystal Lake accident attorney Barrington litigation attorney Barrington drug crime attorney modern family estate planning sexual harassment BAIID Illinois workplace discrimination attorney Crystal Lake employment attorney Crystal Lake pedestrian accident lawyer Arlington Heights tax lawyer Forcible Entry job lawyers digital media accounts, estate planning, Arlington Heights estate planning attorney, bicycle dooring accidents startup company trucking accidents Barrington employment law firm Crystal Lake bike accident lawyer Palatine Attorney rent to own real estate contracts vacation home Rolling Meadows DUI lawyer insurance claim dispute attorney criminal law Palatine insurance lawyer DUI Buffalo Grove traffic lawyers

Archive